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Failure to comply with s 163A about advising unrepresented accused of legal representation renders a trial nullity and conviction quashed.
Criminal procedure – s 163A Criminal Procedure & Evidence Act – peremptory duty to inform unrepresented accused of right to legal representation – breach renders trial a nullity; High Court review under s 29(4); conviction and sentence quashed; immediate release; right to retrial and credit for time served; fair trial rights (s 69 Constitution).
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